Approving a Spot Ethereum ETF: A Political Mission? The PoS Mechanism as a Key Variable

Bloomberg analysts have raised the probability of a spot Ethereum ETF approval by May 23rd to 75%. As the U.S. election approaches, the crypto industry might become a political battleground for both parties. The SEC, currently under Democratic control, risks political capital if it denies the Ethereum ETF. Conversely, the Republican Party has embraced the crypto sector fully.

The Crucial Role of Ethereum’s PoS Mechanism

Coinbase, a custodian for Bitcoin and Ethereum spot ETFs, believes approval is only a matter of time. However, they also think that an ETF supporting staked Ethereum is unlikely to be approved in the short term, and the SEC will not approve all applications at once.

Coinbase argues that the key to approval lies in Ethereum’s Proof of Stake (PoS) mechanism.

Due to the lack of clear regulatory guidance on asset staking, Coinbase suggests that an ETF supporting staked Ethereum is not likely to receive approval soon.

Recently, updates to the spot Ethereum ETF filings by ARK Invest and 21Shares included the removal of staking processes. Bloomberg ETF analyst Eric Balchunas noted that this change is an attempt to eliminate a potential reason for the SEC to reject their application.

Political Implications

With the 2024 U.S. presidential election on the horizon, the approval or rejection of the Ethereum ETF carries significant political weight. The Democrats, in control of the SEC, must weigh the political cost of denying the ETF, given the growing influence and support for cryptocurrency within the Republican Party. If the SEC rejects the Ethereum ETF, it could be seen as stifling innovation and alienating crypto-friendly voters.

The SEC’s Dilemma

The SEC faces a complex decision. Approving a spot Ethereum ETF could signal a more open stance towards cryptocurrency, aligning with the Republican view and possibly attracting bipartisan support. However, concerns about the regulatory framework for staking and the broader implications for financial stability make this a delicate issue.

Potential Outcomes

  1. Approval of Non-Staking ETFs: The SEC may approve ETFs that do not involve staking, thus avoiding the regulatory uncertainty surrounding PoS mechanisms.
  2. Incremental Approvals: The SEC might take a gradual approach, approving one or two ETFs initially to gauge market reaction and regulatory impact.
  3. Comprehensive Guidelines: The SEC could develop clearer guidelines on asset staking, paving the way for future approvals of staked Ethereum ETFs.

In conclusion, while the approval of a spot Ethereum ETF seems increasingly likely, the decision hinges on both political considerations and the technicalities of Ethereum’s PoS mechanism. The evolving regulatory landscape and upcoming political events will play crucial roles in shaping the outcome.